I. This matter concerns an appeal against the decision of the Opposition Division posted on 29 July 2005, rejecting the opposition of the European Patent No. 0 913 513.

The Appellant (Opponent) filed a notice of appeal on 4 October 2005 and paid the fee for appeal on the same day. The statement of grounds of appeal was received at the EPO on 9 December 2005.

II. In a communication dated 16 December 2005 sent by registered letter with advice of delivery indicating reception by the Appellant on 19 December 2005, the Registry of the Board informed the Appellant that the statement of grounds had been filed out of time and that the appeal could be expected to be rejected as inadmissible.

The Board's Registry informed the Appellant of the possibility of filing a request for re-establishment of rights under Article 122 EPC and the Appellant was invited to file observations within two months.

III. No answer was received within the given time limit to the Registry's communication.

Reasons for the Decision

As the written statement setting out the grounds of appeal was filed on 9 December 2005, whereas the time limit expired on Thursday 8 December 2005, it was filed out of time. Therefore, the appeal has to be rejected as inadmissible, (Article 108 EPC in conjunction with Rule 65(1) EPC).